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Foreign Interference (Countermeasures) Act 2021 Division 5 — Donor obligations

s 70–s 72 · 3 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Major political donor reporting

s 70

70.—(1) Subject to this Act, a person (not being a politically significant person) who in any single year makes one or more political donations —(a) all of which are accepted by or on behalf of any one of the following:(i) a political party; (ii) a Part 4 politically significant person given a prohibited donor directive; and (b) the total value of which is not less than the threshold reporting value, must disclose the donations to a competent authority in accordance with this section. (2) Disclosure to a competent authority of political donations made in a single year and accepted by or on behalf of a politically significant person mentioned in subsection (1) must be in a major political donor’s donation report relating to the year that —(a) is in the form required by the competent authority; (b) is given to the competent authority —(i) no later than 31 January of the year following that in which the donations were made; and (ii) in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority; (c) contains the following particulars:(i) the total value of the political donations, the year in which and date when they were made; (ii) the name of the politically significant person to which they were made; (iii) the full name and address of the donor and such other details in respect of the donor as are required by the Regulations to be given in respect of a major political donor; (d) is signed by the donor; and (e) is accompanied by a declaration in subsection (3). (3) Subject to this Act, every major political donor’s donation report required by subsection (1) must be accompanied by a declaration —(a) made by the major political donor concerned or, in the case of a major political donor that is not an individual, on behalf of the major political donor by —(i) the individuals for the time being holding the offices of chairperson, managing director and company secretary, respectively, of the body corporate, or any positions analogous to those offices; or (ii) the individuals for the time being holding the offices of president, secretary and treasurer, respectively, of the committee of an unincorporated association, or any positions analogous to those offices; and (b) containing a statement that, to the best of the knowledge and belief of the major political donor or every person in paragraph (a)(i) or (ii) (as the case may be) —(i) political donations whose total value was that specified in the report were made by the major political donor to the specified politically significant person during the specified year; and (ii) no other political donations were made by the major political donor to that politically significant person during that same year. (4) The threshold reporting value for the purposes of subsection (1)(b) is $10,000, or a higher amount prescribed by Regulations in substitution. (5) A major political donor who —(a) gives the competent authority a major political donor’s donation report required by subsection (1) which does not comply with subsection (2)(a), (c), (d) or (e); (b) fails to give the competent authority such donation report in accordance with subsection (2)(b); or (c) knowingly or recklessly makes a false declaration under subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

Directive affecting major donors

s 71

71.—(1) A competent authority may give a directive to a Part 4 politically significant entity declaring that section 70 applies to donors making political donations to that Part 4 politically significant entity. (2) In addition to sections 89 and 116, once a directive is made under this section and before the date it comes into effect, the competent authority must publish a notice of the making of the declaration in the Gazette and in such other manner as will secure adequate publicity for the fact of making of the declaration, stating —(a) that a directive has been made under this section; and (b) the name of the Part 4 politically significant entity to which the directive relates, and when the directive takes effect.

Duty when donating on behalf of others

s 72

72.—(1) For the purposes of this Act, where any person (called in this section the principal donor) causes an amount (called in this section the principal donation) to be received by a politically significant person by way of a political donation —(a) on behalf of the principal donor and one or more other persons; or (b) on behalf of one or more other persons, then each individual contribution by each person mentioned in paragraph (a) or (b) is taken to be a separate donation by that person. (2) In relation to each such separate donation, the principal donor must ensure that, at the time when the principal donation is received by the politically significant person, the politically significant person is given all such details in respect of the person treated by subsection (1) as giving the donation as is required by the Regulations to be given in respect of a donor of a reportable political donation. (3) Where a person (called in this subsection the agent) causes an amount to be received by a politically significant person by way of a donation on behalf of another person (called in this subsection the donor), the agent must ensure that, at the time the amount is received by the politically significant person, the politically significant person is given all such details in respect of the donor as are required by the Regulations to be given in respect of a donor of a reportable political donation. (4) A person who, without reasonable excuse, fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Back to Foreign Interference (Countermeasures) Act 2021 — full text

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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